People v. Phillips
California Supreme Court
Appeal from the County Court of Los Angeles County. The defendant was convicted of an assault with intent to commit murder, under an indictment which charged the assault, and also charged an attempt to cause death by administering poison. The defendant demurred to the indictment, on the ground of duplicity, in charging two distinct offenses. The demurrer was overruled. The defendant was tried and convicted, and sentenced, and made this attempt to appeal.
Read the full summary
Appeal from the County Court of Los Angeles County. The defendant was convicted of an assault with intent to commit murder, under an indictment which charged the assault, and also charged an attempt to cause death by administering poison. The defendant demurred to the indictment, on the ground of duplicity, in charging two distinct offenses. The demurrer was overruled. The defendant was tried and convicted, and sentenced, and made this attempt to appeal. The other facts are stated in the opinion.
1Opinion of the Court
By the Court:
It is necessary that in the transcript of the record in a criminal case tiled in this Court, it should distinctly appear that an appeal has been in fact taken—otherwise no duty is cast upon us to look into the case. An appeal is to be taken by filing a notice of appeal, and serving it upon the Clerk of the Court in which the action was tried, in which notice it must be stated that the appellant appeals from the judgment. (Hitt. Genl. Laws, Sec. 2073.) When the appeal is taken by the defendant, the notice must also be served upon the District Attorney of the county in which the…
2Cited by12 opinions
- Pueblo v. RubioSupreme Court of Puerto Rico · 1933
- People v. BrownCalifornia Supreme Court · 1906
- People v. BellCalifornia Supreme Court · 1886
- People v. DelaneyCalifornia Court of Appeal · 1955
- State v. PrestonNevada Supreme Court · 1908
7 more not listed; retrieve them via the Exa API.